Page 122 - Freedom in the world_Neat
P. 122
forced state and local officials in areas with a substantial black presence to seek the
approval of the Justice Department before making changes in registration procedures,
legislative district boundaries, or other factors that might influence the ability of minorities
to participate in the political process or attain a measure of political power. The Voting
Rights Act has been reauthorized on two subsequent occasions, most recently in 2006.
During that reauthorization debate, some Republicans argued that the sections calling for
Justice Department oversight of voting and redistricting procedures be dropped on the
grounds that racial attitudes in Southern states had changed enough to render such
supervision unnecessary. This argument was ultimately rejected, and the final bill included
the provision for federal oversight.2
The third major piece of civil rights legislation is the federal Fair Housing Act. Passed in
1968, the law prohibits racial discrimination in the sale or rental of housing. Initially,
single-family, owner-occupied homes were exempted from the legislation’s coverage, but in
subsequent years, practically all housing came under the jurisdiction of the law.3
The Fair Housing Act has relatively weak enforcement provisions. At the same time, a
number of states have passed fair-housing laws with stricter enforcement mechanisms.
Most states, in fact, have enacted their own versions of the more important federal civil
rights measures, including those designed to combat discrimination in education and the
workplace.
In addition to adopting laws against racial bias, the United States has established an
impressive roster of commissions, agencies, and monitoring and enforcement mechanisms
tasked with preventing discrimination, promoting affirmative action, or punishing bias
crimes against minorities, women, and other “protected groups.” The Equal Employment
Opportunity Commission was established to assist in the enforcement of laws against
discrimination in the workplace. The U.S. Commission on Civil Rights is an advisory body
that conducts studies and hearings on issues including workplace bias, police conduct, and
voter-suppression campaigns directed at minorities. There are, in addition, civil rights
offices within each of the cabinet departments. The civil rights offices in the Department of
Justice and the Department of Education have had considerable influence in shaping
government policy and determining when the government will bring discrimination charges
against an individual, corporation, labor union, or public entity. And just as most states
(and many cities) have enacted their own versions of civil rights legislation, so the states
have established their own versions of the civil rights enforcement units that exist at the
federal level.
Hate Crimes
The United States has adopted an aggressive policy on prosecuting crimes that are
motivated by racial hatred. The prosecution of bias crimes is largely undertaken by the
states and not the federal government. Practically all states have adopted laws that include
additional penalties for crimes in which racial bias (or bias against immigrant groups,
women, or homosexuals) plays a role. There is also a federal law, the Hate Crimes
Sentencing Enhancement Act of 1994, which directs the U.S. Sentencing Commission to
Page 122 of 168